Probationary citizenship to replace Indefinite Leave to Remain?

On 21^st July 2009 the Borders, Citizenship and Immigration Act 2009 received Royal Assent. The Act introduces significant changes in the route to British Citizenship by naturalisation. However, the provisions in the Act are delayed until July 2011.

Under the current law the route to citizenship by naturalisation is:

1. spend 5 years continuously in the UK with limited leave to remain (2 years in the case of marriage to a British Citizen)
2. apply for Indefinite Leave to Remain (ILR)
3. spend a further year in the UK after successful application for settlement (ILR)

Once an application for Indefinite Leave to Remain in the UK is successful, an applicant is free of immigration restrictions on their stay in the UK and will be considered a permanent resident. The next step is an application for naturalisation as a British Citizen.

If the new government does not amend the changes prescribed in the Borders, Citizenship and Immigration Act 2009, the route to citizenship might be longer and even more complicated than the current system.

The major change will be the replacement of Indefinite Leave to Remain with a period of probationary citizenship. This period may last from 1 to 5 years and it will entitle applicants to claim benefits. The residential requirement will still need to be met, but under the new rules, candidates will have to prove that they have not left the country for more than 90 days in any year during their stay in the UK. The length of the probationary period will depend on the level of a candidate’s engagement with the community, for example in voluntary work. Depending on the circumstances of each candidate, the third stage will be application for British Citizenship or for Permanent Residence. Those who choose to apply for Permanent Residence will have to remain in the Probationary Citizenship category for at least 3 years.

The future of the changes remains a mystery. During the passage of the Bill in Parliament, the Conservatives criticized it as discriminatory and exploitative. The government however, since being elected has not mentioned any intention to amend or repeal the Act in their policy statement.